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I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

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Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#92

Post by proberts »

vazhifarer wrote: post #85

Hi Peter! I believe you have already helped my case via email through my company, thank you for that! I just happened to see you here by coincidence and thought it would be a great chance to clear some of the follow-up queries I had: I just received a Job Offer from a CA-based startup. Here is a refresher of my H1B case: 1. My H1B stamping expired in Sept 2015, but I understand that the petition is valid till Sept 20…

1. That is correct. Marriage is required. 2. There are no restrictions. 3. That's correct, after a new H-1B petition is approved. 4. You don't need a new passport now but if you can get a new one quickly, I would before you get your H-1B visa so that you don't have to travel with two passports later on.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#93

Post by rafikicoln »

Hi Peter,

Is it possible for an H1B holder to incorporate a business abroad and do business abroad? (i.e. the clientele is in the foreign country and the money is in the foreign country too) Would that bring immigration issues/problems?

Thank you!

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#94

Post by proberts »

whoisjuan wrote: post #90

Hey Peter. I've been researching this question online a lot and always see conflicting answers. Can you start a side project or job (e.g., a website generating revenue or teaching classes after work) if you're on H1-B but already got an EAD card while waiting for a green card? I see many people online saying that would invalidate your H1-B and many other people saying it's ok because your H1-B and EAD card are indepe…

Yes, once you have an EAD as part of a green card application, you can do anything - but just make sure that this work is consistent/isn't inconsistent with the basis of your green card application. What's the basis, if I may ask?

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#95

Post by proberts »

rafikicoln wrote: post #93

Hi Peter, Is it possible for an H1B holder to incorporate a business abroad and do business abroad? (i.e. the clientele is in the foreign country and the money is in the foreign country too) Would that bring immigration issues/problems? Thank you!

I know I sound like a lawyer but the answer is yes and no and will depend on the facts.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#96

Post by proberts »

nawgszy wrote: post #86

I am a Canadian citizen in California on a TN visa. I have been working on a project that I would like to post as a website and monetize, but has no relation to my TN visa, of course. Is this possible to do without having a green card?

You would need separate work authorization to do that.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#98

Post by Spoom »

rootedbox wrote: post #80

I'm a U.S. citizen. My girlfriend is a Canadian citizen, and lives in Canada. If we got married how quickly could she start working in the US? Thanks!

Hi,

I'm not an immigration attorney but I am a Canadian citizen who moved to the US to marry my wife. I would suggest looking into the K-1 visa if you are sure that you want to go this route. Don't get married in the meantime; the K-1 is a fiance(e) visa that allows you to move to the US, get married within three months of entry, and then immediately adjust status to permanent resident. This avoids the appearance that the marriage was purely for immigration convenience, since everything is above-board and approved first.

Getting married first would require you to apply for a CR-1 immigration visa, which is a similar process, but neither is exactly "quick" (I would expect a year or more on average).

I would take a look at http://www.visajourney.com/ as they have a ton of good advice for family class immigration. Good luck!

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